Estate Planning for Unmarried Couples

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Why Unmarried Couples Need a Plan: Securing Your Partnership

More and more couples, including many seniors, are choosing to build a life together without getting married. While this is a personal choice, it’s crucial to understand the significant legal implications. Without the automatic protections that marriage provides, a thoughtfully created estate plan is not just a good idea—it is an absolute necessity to protect your partner and your shared life.

The Legal Reality for Unmarried Couples

North Carolina law does not recognize common-law marriage. This means that no matter how long you have been together, if you are not legally married, you have no automatic rights to your partner’s assets or a say in their affairs. Without a legal plan in place:

  • You have no inheritance rights. If your partner passes away without a will, their property will go to their legal next of kin (children, parents, or siblings), potentially leaving you with nothing.
  • You cannot make medical decisions. If your partner becomes incapacitated, you will not have the legal authority to make critical healthcare decisions for them.
  • You have no property rights. Even if you have contributed to a home that is only in your partner’s name, you have no automatic right to continue living there after their death.

The Solution: Creating Your Own Protections

The good news is that you can create your own legal protections through a comprehensive estate plan. This is the only way to ensure your wishes are honored and your partner is cared for.

Trust-Based Planning

A revocable living trust is often the most effective tool for unmarried couples. A trust is a private contract that allows you to maintain control over your assets during your lifetime and dictate exactly how they should be managed and distributed if you become disabled or pass away. It allows you to:

  • Name your partner as the beneficiary of your assets.
  • Appoint your partner as the successor trustee to manage your affairs.
  • Avoid the public, costly, and time-consuming process of probate court.

Essential Foundational Documents

In addition to a trust, every unmarried couple should have the following documents in place:

  • A Will: To name your partner as your heir and appoint an executor.
  • Durable Power of Attorney: To give your partner the authority to manage your finances if you cannot.
  • Health Care Power of Attorney: To grant your partner the legal right to make medical decisions on your behalf.

Proactively creating a plan for your estate is an act of commitment that provides the legal certainty your partnership deserves. Call our office at (919) 256-7000 to schedule a consultation.